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Employment
Insurance Litigation
Wrongful Discharge
Commercial Litigation
Corporate Services
Real Estate Transactions
Large Loss Subrogation
Casualty & Bad Faith Defense
ERISA / Non-subscription
Oil & Gas
Family Law
Personal Injury
Intellectual Property
Real Estate Litigation
Construction Litigation
Commercial Trucking

The attorneys at McCathern specialize in a wide range of legal disciplines, from Employment Law to Real Estate Transactions, to Oil and Gas — and more. Click the links at right to read more about each of our Practice Areas. And be sure to contact us for expert legal representation from lawyers who understand your business and personal needs.

 

Our Employment Law Department counsels management on every aspect of the employment relationship. We first strive to understand your business then tailor our services to fit your needs. As a team, we work together with you to develop and maintain proactive policies and procedures to avoid employee conflict. However, when unavoidable conflict occurs, we are formidable defenders in the court room.

We have extensive experience before the regulatory agencies and in all courts dealing with:

We deal with employment related antidiscrimination matters in innovative ways. Our attorneys provide interpretive guidance and review personnel forms, handbooks, policies, and procedures. We will train supervisors and suggest ways to reduce discrimination charges in litigation. When charges are filed, we are trusted by many of the world’s largest companies and insurance carriers with preparing the employer’s response and handling the matter to conclusion before a judge or jury. We are seasoned trial attorneys with experience in everything from state court and administrative claims to national class actions in the federal court system.

We have the resources to handle virtually any client need that may arise. At some firms, size can be a hindrance to the efficient resolution of conflicts. Not so here. We are accustomed to assembling the right team for the client, and we have a long and proud tradition of experienced staffing. That is why we are trusted panel counsel to the world’s two largest employment professional liability carriers.

 

Our attorneys have extensive experience representing insurance companies in both first and third party casualty defense, as well as large loss property subrogation and recovery matters. From both sides of the docket, our attorneys aggressively litigate claims involving negligence, gross negligence, breach of contract, breach of warranty, RCLA and RCCA, construction defect and product liability on behalf of our insurance clients. We are dedicated to minimizing our clients' exposure to casualty claims, and maximizing recoveries to our clients in subrogation. Our attorneys have successfully litigated and tried these cases in state and federal courts throughout the country, and have done so in a diligent and thorough but cost effective manner.

As a service to our clients, we frequently present Texas Department of Insurance accredited continuing education seminars, covering various practical aspects of insurance litigation and Texas law.

 

Even when no civil rights issues are presented, employees increasingly challenge management decisions on other grounds. The Labor and Employment Department counsels management on employment handbooks and procedure manuals, work place rules, attendance and leave policies, smoking rules, drug testing and other procedures to prevent drug and alcohol abuse in the workplace, issues concerning AIDS and contagious diseases, and employee assistance programs.

Our team also assists management in employee contract and discharge matters, litigating wrongful discharge claims, employment contracts, employment tort claims, employment-at-will issues, and employee non-competition and confidentiality agreements. In addition, we provide training for supervisors and personnel managers in ways to reduce employment contract and employment tort claims.

 

Our attorneys are sensitive to the fact that our clients are not in business to litigate. We have the resources to represent your interests aggressively, regardless of the size or complexity of your litigation problem. We are experienced trial attorneys who are at home inside a court room whether before a judge or a jury. We are dedicated to resolving your litigation efficiently, and committed to the use of technology to serve your interests efficiently and effectively in the information age.

We litigate in state and federal courts across the nation; before state, federal, and location administrative agencies and all arbitration forums. We use the skills developed from our extensive experience with the procedures common to that particular count to your advantage regardless of the forum. We also participate in a number of alternative dispute resolution programs.

 

McCathern L.L.P. provides advice to privately and publicly held corporations ranging from start-up businesses to Fortune 500 Corporations. Our corporate and business attorneys provide an extensive range of legal services to individuals, partnerships, limited liability companies, closely held and publicly held corporations, and other for-profit and non-profit organizations.

This breadth lets us serve the needs of both small and large businesses, ranging from start-up work to complex business planning and regulatory matters. Moreover, our clients involve our attorneys in virtually every sector of the economy, public and private, from heavy manufacturing to retailing, from financial services to health care, and from basic industries to information technology.

We are able to advise our clients on business structure, labor and employment, and employee benefit matters. Our attorneys have extensive experience in acquisitions and divestitures, including mergers, contracts, and leases. Working closely with accountants and other professional advisors, we offer clients the benefits of our experience with business entities of varying sizes, market segments, and stages of growth.

A supervising partner identifies the legal needs of our clients and coordinates the services of attorneys in various specialty areas. This approach ensures that clients receive the benefits of the firm's depth, experience, and support services. At the same time, clients stay in touch with the attorney who best understands the client's business.

Our diversified real estate and land development practice represents several of the nation's largest homebuilders and developers in acquisition, development, and sale of real property. Our experience is focused on general corporate transactions, entitlements, document preparation, acquisitions, development, and sale of real property throughout the State of Texas and country. Our firm also focuses on representation involving counseling on real estate finance, environmental issues, and title questions as they relate to real estate transactional matters. In the last two years, we have represented clients in the purchase and sale of property in excess of $150 million.
Our attorneys have extensive experience working with insurance companies and self-insured companies in large loss subrogation and recovery matters. We aggressively litigate both property and work-place injury claims based upon third party negligence, gross negligence, breach of contract, breach of warranty, RCLA and TRCCA, construction defect, premise and product liability. These claims are often complex, both legally and factually, and require special expertise in the area of fire cause and origin, construction and architectural matters. Our attorneys have successfully litigated and tried these cases in state and federal courts throughout the country, and have done so in a diligent and thorough, but cost effective manner.
We are experts in litigating bad faith claims, as well as catastrophic damages claims based upon negligence, gross negligence, construction defect, premises liability, product liability and advertising injury. From the moment a claim is assigned, we aggressively investigate the claim, working closely with the client to prepare a strong defense. Our early preparation pays off in minimizing our clients' exposure to casualty and bad faith claims. We have an impressive track record of achieving defense verdicts at trial.

 

One of the cornerstones of the firm’s practice is the representation of employers who have opted-out of the Texas Workers’ Compensation Act. In the decade since McCathern, LLP, was founded, the firm’s lawyers have litigated and arbitrated thousands of claims on behalf of Texas non-subscribers—from large self-insured employers to businesses whose defense is provided under a policy of employers’ liability insurance. We are in a unique position to represent non-subscribing employers, as the firm also advises insurers and employers on the drafting, adoption, and revision of workplace injury benefit plans (including those which require binding arbitration of negligence claims) under the Employee Retirement Income Security Act of 1974 (“ERISA”). Whether you are a self-insured employer whose ERISA plan needs to be updated to comply with current regulations or an insurance carrier looking to introduce a non-subscription program in Texas, McCathern can assist you in drafting a workplace injury benefit plan that accomplishes your goals.

Even though few claims make it to verdict or award in today’s world, our vast experience in the courtroom works to your advantage from the inception of a claim. Knowing how judges, juries, and arbitrators treat claims allows us to give you insight into how to handle your claims from the first day of the injury. And should you have a claim resulting in a payout under that plan due to the fault of a third party, the firm can represent you in a subrogation or recoupment action under ERISA to mitigate that loss.

 

Our attorneys have experience in a vast range of services for the oil, gas and energy industry. Our clients include independent oil and gas companies, pipeline companies, oil and gas well operators, drilling contractors, transportation companies, insurers, financial institutions, royalty owners and other service and supply companies involved with the industry. Our attorneys represent companies and owners in courts and before arbitral tribunals throughout the United States and in transactions involving oil, gas and energy companies.

Litigation and Dispute Resolution

It is our goal to assist clients in developing their businesses in such a manner as to avoid litigation altogether. However, when matters arise that necessitate adjudication of claims, either in or out of court, before juries, judges, magistrates, mediators or arbitration panels, our attorneys have experience in untangling these complex disputes, including the following:

Our oil, gas and energy attorneys engage in a multitude of activities on behalf of clients, with services ranging from the acquisition of producing properties and mergers and acquisitions of companies involved in the oil and gas business, to international transactions, domestic leasing, start up, development, production and processing, as well as transportation, refining, and sale and distribution of oil and natural gas and related products.

Our firm handles all aspects of domestic litigation including divorce, child support review conferences with the Attorney General, modification of prior court orders, enforcement of prior court orders, pre-marital agreements, partition (post-marital) agreements, collaborative law, protective orders, clarifications, suits affecting the parent-child relationship, and appeals. We strive to find creative ways to achieve client goals and use innovative litigation techniques to obtain the best results for our clients.

At McCathern, we understand that being involved in domestic litigation can be a difficult time in your life. Our attorneys appreciate that each client is unique and every situation deserves a customized litigation approach. We strive to provide top notch litigation to our clients and never back down from the courtroom. At the same time, however, we will take every opportunity to work through any domestic litigation situation amicably and efficiently. Because the firm has handled high profile family law matters, we know the importance of handling these matters with the utmost discretion and confidentiality.

Our firm also has experienced attorneys who handle real property and business transactions, providing a one-stop shop for all issues involved in domestic litigation.

Our attorneys represent clients on both sides of cases involving personal injury and death, whether caused by a premises defect, a defective product, a work related injury, or medical malpractice. Often personal injury claims are expensive and require laborious undertaking. McCathern attorneys will provide the extra expertise, resources, and persistence needed to obtain the best result for the client. McCathern has successfully prosecuted a large number of personal injury claims, resulting in millions of dollars in settlement verdicts and savings to our clients.
We have litigated the rights to some of the most valuable marks in America. Numerous companies and sports teams with household names have relied upon us to litigate and protect their trademarks, service marks, and copyrighted material from illegal and unauthorized use. We are routinely called upon by carriers to defend claims of this nature covered under the advertising injury provisions in their insurance policies.
Our litigators have prosecuted and defended a variety of actions involving real estate, including condemnation actions, DTPA and fraud claims, and actions for specific performance on behalf of both individual and corporate clients in residential and commercial settings. Our lawyers appreciate that the ultimate purpose of litigation is to resolve disputes.
Our attorneys handle litigation, arbitration, and mediation of construction disputes, including breach of contract and breach of warranty claims, RCLA claims, delay and defective construction claims, lien filing and enforcement, as well as surety claims for performance or payment. Just as important, our attorneys counsel the firm's clients to assist them in avoiding or minimizing the impact of construction related disputes.
Our firm handles all phases of commercial trucking and shipping issues. McCathern dedicates a substantial portion of its practice to the representation of transportation interests in Texas and across the nation. The firm's attorneys have handled a wide variety of cases in the transportation arena including simple property and product damage claims, contractual issues involving bills of lading, claims arising under the Interstate Commerce Act, and cases dealing with multiple fatalities and wrongful death claims. Our clients range from small companies with fewer than five trucks to large entities running fleets in the thousands. With the recent increase in media attention on trucking accidents, exposure for transportation providers is at an all time high. Our clients know they have retained counsel with the ability to handle all contingencies which may arise in the defense of their cases.